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(영문) 서울중앙지방법원 2016.01.20 2015가단5166931
관리비
Text

1. The Defendant’s KRW 77,145,892 as well as the Plaintiff’s annual rate from December 2, 2015 to January 20, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a management body established with sectional owners, etc. of the instant shopping district for the purpose of managing common areas in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant shopping district”) pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). The main contents of the Plaintiff’s management organization regulations (hereinafter “the instant management organization regulations”) are as follows.

Article 8 (Duties of Sectional Owners)

2. The sectional owner shall have an obligation to pay management expenses, special management expenses, long-term repair appropriations, restoration expenses, reconstruction expenses and other expenses incurred for management, which are imposed by a resolution of the general meeting and the meeting of the managing body;

If a sectional owner loses ownership of the section for exclusive use, the successor of that section for exclusive use shall succeed not only to the rights of the sectional owner, but also to all the obligations.

Article 14 (Penalty Provisions)

3. An overdue charge may be collected from a sectional owner, etc. who has not paid management expenses by the 28th day of the following month pursuant to attached Table 1.

(Attachment 1) The period for calculating management expenses, etc. under Article 54 (Calculation Period of Management Expenses, etc.) of the overdue rate (related to Article 14) when the management expenses, etc. are unpaid shall be the end from the first day of each month.

Article 5 (Deadline for Payment of Management Expenses, etc.)

1. The payment period for management expenses, etc. shall be the 28th day of the following month;

(Sicker omitted)

B. As to the instant shopping mall 406, the Defendant completed the registration of ownership transfer on October 2, 2006 by Co., Ltd. (hereinafter “Nonindicted Company”) on October 2, 2006, and subsequently completed the registration of ownership transfer due to the sale due to voluntary auction on the same day on March 16, 2015.

C. The monthly management expenses for the section for common use from September 201 to February 2, 2015, are KRW 77,145,893, as shown in the separate sheet.

On March 23, 2015, the Plaintiff sent to the Defendant a content-certified mail that the Plaintiff is obligated to pay delinquent management fees for common areas of 406 commercial buildings of this case to the Defendant KRW 77,145,892.

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